New Hampshire Senate Approves Same-Sex Marriage

Written by Kevin Landrigan Thursday, 30 April 2009 06:02

The spirited drive to make same-sex marriages legal emerged stronger than ever after a new compromise – hatched in private – narrowly cleared the state Senate on Wednesday.

The 13-11 Senate vote made it all the more likely that it will be up to Gov. John Lynch whether New Hampshire becomes the fifth state in the nation to let gay and lesbian couples marry.

Senate Majority Leader Maggie Hassan crafted the new version.

"I believe that every person in New Hampshire has the same fundamental rights under our law and one of those fundamental rights is the right to be married," Hassan said.

As he has for three months, the three-term Democrat Lynch said he did not believe the bill (HB 436) was necessary but failed to say he would veto it."I still believe the fundamental issue is about providing the same rights and protections to same-sex couples as are available to heterosexual couples," Lynch said in a statement Wednesday.

"This was accomplished through the passage of the civil unions law two years ago. To achieve further real progress, the federal government would need to take action to recognize New Hampshire civil unions."

The new proposal (HB 436) affirms the tradition of religious and civil marriages but lets all couples including gays and lesbians pick which marriage they wish to have.

A new marriage law for any two people would start Jan. 1, 2010, and by Jan. 1, 2011, civil unions for gay couples would automatically become gay marriages.

Since Jan. 1, 2008, gays and lesbians have been able to enter into civil unions. Gay rights supporters charged this amounted to separate and not equal treatment.

The Senate bill allows churches to decide whether they will conduct religious marriages for same-sex couples. Civil marriages would be available to same-sex couples as they now are for heterosexual couples.

Rep. James Splaine, D-Portsmouth, the bill's principal author, said the compromise looks to treat all marriages equally, and he could urge the House to simply endorse the Senate rewrite.

Asked if it fully satisfies him, Splaine answered, "I think so.''

House Speaker Terie Norelli, D-Portsmouth, praised the Senate action in her own statement but volunteered no specifics about what the House would do in response.

The House only narrowly approved its own bill by seven votes last month.

All 10 Republicans and Sen. Lou D'Allesandro, D-Manchester, opposed the bill, but all other Senate Democrats went along with the new proposal.

The amendment prompted Sen. Deborah Reynolds, D-Plymouth, to switch from opposing the House bill last Thursday to supporting this new amendment.

"I commend those who have worked so hard to reach a compromise that affirms the importance of the religious sanctity of marriage, provides for the use of bride and groom and now makes civil marriages available for all," Reynolds said.

Sen. Betsi DeVries, D-Manchester, who represents Litchfield, told associates she too would not vote for the House-passed measure.

"Today I have supported an amendment that upholds the sanctity and traditions of marriage while acknowledging the rights of a minority to seek a civil marriage," DeVries said in a statement after the vote.

Sen. Jack Barnes, R-Raymond, said it's up to Lynch to stop this.

"Our governor is the only one who can defend the sanctity of marriage," Barnes said.

A key passage in the amended bill reads:

"Equal Access to Marriage. Marriage is the legally recognized union of two people. Any person who otherwise meets the eligibility requirements of this chapter may marry any other eligible person regardless of gender. Each party to a marriage shall be designated 'bride,' 'groom,' or 'spouse.'"

Critics had charged the House bill actively promoted what it called a "genderless marriage.''

Republican State Chairman John H. Sununu claimed this only passed because enough Senate Democrats knuckled under to pressure from the gay rights lobby.

"It's clear that there was a lot of arm-twisting that took place yesterday in the Senate Democratic Caucus,'' former-Gov. Sununu said in a statement Wednesday.

"The real test, of course, will be whether Governor Lynch is strong enough to support his own statements of opposition to same-sex marriage and have the courage to veto this legislation."

Kevin Smith, executive director of the socially conservative, Cornerstone Policy Research, said the words are different but the Senate and House bills do the same in openly embracing marriage between any two people.

"The Senate amendment is simply a smokescreen to try and hide the fact they want gay marriage and we firmly believe a majority of people in this state do not support that," Smith said.

The Senate bill does create one clear distinction; same-sex couples younger than 18 may not marry. A minor boy and girl can currently marry with the consent of their parents.

Sen. Bette Lasky, D-Nashua, backed the House bill in committee but said the Senate version is better and could be less objectionable to some.

"A lot of time and effort went into this, and I believe we've got a bill that really stands for marriage equality," Lasky said.

"There's no question there are some who will still be against whatever we tried to do in this matter."

Mo Baxley, executive director with the Freedom to Marry Coalition, praised wavering Democratic senators for keeping an open mind on forging some agreement.

"There is some technical change but the substance remains the same," Baxley said of the Senate proposal.

Sen. Robert Letourneau, R-Derry, said marriages for society's sake must be protected as a heterosexual tradition.

"The marriage of a man and a woman is not based on prejudice but on the fact of human nature," Letourneau said.

"Only a man and a woman can bear children. . . . Only through the union of a man and a woman life can begin and a child can have a father and a mother."

Connecticut, Massachusetts, Vermont and Iowa allow gay marriage. California briefly allowed it last year, but a voter initiative last November repealed it.